Patient's rights in cross border health care - Free movement of patients as recipients of services - Cases

6 important questions on Patient's rights in cross border health care - Free movement of patients as recipients of services - Cases

What was the topic of the Watts case?

Which restrictions can be (un)justified?
  • does directive 2011/24 limit the autonomy of the MS?

What are the facts of the Watts-case?

A UK citizen suffering from severe arthritis of the hips travels to France to undergo hip replacement surgery there, reducing the predicted waiting time significantly.
  • NHS refused permission for the treatment in France
  • her waiting time in UK would be reduced
  • She travelled to UK either way
  • She claimed reimbursement of the cost
  • NHS refused reimbursement bc of the lack of medical necessity

What are the facts of the Stamatelakis case?

A greek sought medical care in a private hospital in the UK

  • Greece denier reimbursement
  • Greek law does not reimburse treatments in private hospitals above 14yo
  • Greece only reimburses if patient is treated in private hospitals in Greece
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What were the findings of the CJEU in the Stamatelakis case?

An absolute prohibition is not proportionate
  • les restrictive measures can be taken
    • PA
    • determination of scales for reimbursement
  • Private hospitals located in other MS are subject to quality controls
  • doctors in private hospitals provide professional guarantees equivalent

What did the CJEU decide in the Commission v France case?

That the requirement of PA for medical services including the use of major medical equipment can be justified
  • distinction between intra and extramural care is not absolute
  • PA can be a restriction bc of the financial balance

What is the topic of the Commission v Spain case?

Unplanned hospital care abroad

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